Subbaiah vs Nil
2025 Latest Caselaw 5535 Mad

Madras High Court

Subbaiah vs Nil on 25 August, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                            C.R.P.(MD)No.2327 of 2025


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 25.08.2025

                                                            CORAM

                                  THE HON'BLE MR. JUSTICE M.DHANDAPANI

                                             C.R.P.(MD)No.2327 of 2025

                1.Subbaiah

                2.Thaiyalnayagi                                                          ...Petitioners

                                                      Vs.

                Nil                                                                      ...Respondent


                PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
                India, to direct the learned Sub Judge, Devakottai, Sivagangai District to
                expedite the trial in H.M.O.P.No.41 of 2025 on its file within a time stipulated
                by this Court.


                                      For Petitioners          : Mr.P.Surliraja


                                                          *****
                                                      ORDER

This petition has been filed to direct the learned Sub Judge, Devakottai,

Sivagangai District to expedite the trial in H.M.O.P.No.41 of 2025 on its file

within a time stipulated by this Court.

2. The petitioners, who are husband and wife, have jointly filed a petition

in H.M.O.P.No.41 of 2025 before the Subordinate Court, Devakottai, seeking a

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decree of divorce by mutual consent under Section 13 of the Hindu Marriage

Act, 1955.

3. The petitioners have filed the present Civil Revision Petition relying

on the judgment of the Hon’ble Supreme Court of India in Amardeep Singh vs.

Harveen Kaur, reported in (2017) 8 Supreme Court Cases 746, wherein the

Hon’ble Court held that the statutory “cooling-off period” prescribed under

Section 13B(2) of the Hindu Marriage Act, 1955, is not mandatory in nature and

may be waived in appropriate cases.

4. The learned counsel for the petitioners submitted that, in the present

case, the circumstances warrant waiver of the cooling-off period, and both

parties are in full agreement for divorce by mutual consent.

5. In view of the aforesaid judgment of the Hon’ble Supreme Court, the

learned Subordinate Judge, Devakottai, is directed to dispose of H.M.O.P.No.41

of 2025, filed by the petitioners, within a period of three (3) months from the

date of receipt of a copy of this order, considering their request for waiver of the

cooling-off period, without delay.

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6. Accordingly, the Civil Revision Petition stands disposed of. No costs.

25.08.2025 Internet:Yes/No Index:Yes/No TSG

To

1.The Sub Court, Devakottai, Sivagangai District.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI, J.

TSG

25.08.2025

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